{
  "id": 8657877,
  "name": "E. P. EDGERTON v. B. F. AYCOCK",
  "name_abbreviation": "Edgerton v. Aycock",
  "decision_date": "1898-11-01",
  "docket_number": "",
  "first_page": "134",
  "last_page": "136",
  "citations": [
    {
      "type": "official",
      "cite": "123 N.C. 134"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "120 N. C., 170",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8656795
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/120/0170-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:ff806213e1d85a57",
    "word_count": 423
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  "last_updated": "2023-07-14T16:57:12.442116+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. P. EDGERTON v. B. F. AYCOCK."
    ],
    "opinions": [
      {
        "text": "Eaircloth, C. J.:\nThe controlling words of the deed from Nathan Edgerton to E. P.. Edgerton are these: \u201cDo lend to the said E. P. Edgerton during his natural life\u201d a certain tract of land and in the' habendum: \u2018 \u2018To have and to hold the same with the appurtenances thereunto belonging, to the said E. P. Edgerton, his natural life, and at the death of the said E. P. Edger-ton, we .... have given, granted, aliened, released and confirmed, and by these presents do give, grant, alien, release and confirm unto the lawful heirs of the said E. P. Edgerton and their heirs, executors, administrators and assigns, the above described premises,\u201d etc., and the only question presented is whether this deed, at common law, under the Rule in Shelly\u2019s Case, conveys a fee simple title to, the grantee, the vendor of the defendant.\nIn England, from an early date, it was held that these and similar expressions, in wills and deeds, passed an estate in fee to the first taker (E. P. Edgerton here) as a rule of law, without regard to the intent of the grantor or devisor.\nIn North Carolina the same rule was adopted by this Court, at its earliest existence, and has been uniformly so held in a list of decided cases, too numerous to refer to now, including the late case of Chamblee v. Broughton, 120 N. C., 170. The rule has been so long and so well settled, that it admits of no discussion at this day.\nAffirmed.",
        "type": "majority",
        "author": "Eaircloth, C. J.:"
      }
    ],
    "attorneys": [
      "Messrs. Aycock & Daniels, for the plaintiff.",
      "No counsel contra.,"
    ],
    "corrections": "",
    "head_matter": "E. P. EDGERTON v. B. F. AYCOCK.\n(Decided November 1, 1898.)\nRule in Shelly's Case.\nThe Rule, when applicable, is a rule of law without regard to the intent of the grantor or devisor ; and is recognized as well settled law in North Carolina.\nCivil action for the price of land, tried before\u2019 Tim-berlake, J., at April Term, 1898, of Wayne Superior Court.\nThe plaintiff contracted to sell the land to the defendant, tendered him a fee simple deed and demanded the price agreed.\nThe defendant refused to pay the price and take the deed, contending that the title which plaintiff had acquired only amounted to a life estate.\nHis Honor held as a matter of law that the deed under which the plaintiff claimed from Nathan Edgerton and wife, dated February 2, 1872, conveyed to him the fee and rendered judgment in favor of plaintiff. Defendant excepted and appealed.\nThe controlling words of the deed ar\u00e9 stated in the opinion.\nMessrs. Aycock & Daniels, for the plaintiff.\nNo counsel contra.,"
  },
  "file_name": "0134-01",
  "first_page_order": 160,
  "last_page_order": 162
}